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  • John C. Coffee, Jr. – Boeing and the Future of Deferred Prosecution Agreements By John C. Coffee, Jr.
  • Leveraging Information Forcing in Good Faith By Hillary Sale
  • The Dark Side of Safe Harbors Comment bubble 2 By Susan C. Morse
  • John C. Coffee, Jr. – Mass Torts and Corporate Strategies: What Will the Courts Allow? By John C. Coffee, Jr.
  • Compliance’s Next Challenge: Polarization By Miriam H. Baer
  • Will the Common Good Guys Come to the Shootout in SEC v. Jarkesy? And Why It Matters By Eric W. Orts
  • Climate Disclosure Line-Drawing and Securities Regulation By Virginia Harper Ho
  • Board Committee Charters and ESG Accountability By Lisa M. Fairfax
Editor-At-Large Reynolds Holding

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Columbia Law School's Blog on Corporations and the Capital Markets

Editorial Board John C. Coffee, Jr. Edward F. Greene Kathryn Judge

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International Developments

How to Encourage Dialogue Between Boards and Institutional Investors in the U.S. and the EU

By Giovanni Strampelli October 25, 2017 by renholding

With institutional shareholders playing a growing role in corporate governance, dialogue between boards and shareholders is increasingly common in the U.S. and Europe. Talking with boards is essential to institutional investors’ stewardship functions, and engaging with institutional investors has become …

Simpson Thacher Discusses Trump and GOP Lawmakers’ Tax Overhaul Plan

By Robert Holo October 18, 2017 by Carly Goeman

On September 27, President Trump, the House Committee on Ways and Means and the Senate Committee on Finance released their framework for tax reform (the “framework”), which represents the most detailed proposal for changes to the tax code issued during …

Corporations’ Duty to Promote Human Rights Includes Fighting Corruption

By David Hess October 11, 2017 by renholding

In the last two decades, anti-corruption has become a global norm, as the OECD and the United Nations have made clear in adopting anti-corruption conventions. As a result, combatting corruption in international business has joined upholding human and labor rights …

Paul Weiss Discusses Screening of Foreign Investments in EU

By David K. Lakhdhir and Anna L. Christie October 6, 2017 by renholding

On September 13, 2017, the European Commission issued a proposed Regulation establishing a framework for screening foreign investments into the European Union.[1] The Commission also issued an explanatory memorandum and a communication to the European Parliament and other relevant …

Opting Out of Fiduciary Duties and Liabilities in U.S. and U.K. Business Entities

By Christopher M. Bruner October 2, 2017 by renholding

The degree to which business participants ought to be free to limit or eliminate fiduciary duties and associated liabilities remains a hotly contested matter in many jurisdictions.  In a new chapter forthcoming in Edward Elgar’s Research Handbook on Fiduciary Law…

The Rise, Transformation, and Potential Future of the Big 4 Accountancy Networks in the Global Legal Services Market

By David B. Wilkins and Maria J. Esteban Ferrer September 26, 2017 by renholding

Throughout the 1990s, the Big 5 accounting firms made a concerted effort to enter the legal services market. By the close of the twentieth century, legal networks directly owned or closely affiliated with the Big 5 were major players in …

Ropes & Gray Explains Why It’s Lights Out for LIBOR by 2021

By Jane Rogers September 20, 2017 by renholding

On July 27 of this year, Andrew Bailey, chief executive of the UK Financial Conduct Authority (FCA), delivered a speech in which he questioned the sustainability of the London Interbank Offered Rate (LIBOR) in its current form. The FCA has …

Shearman & Sterling Discusses UK Corporate Governance Reform

By Laurence Levy, Jeremy Kutner, Michael Scargill September 15, 2017 by renholding

On 29 August 2017, the UK Government published its response to the green paper on corporate governance reform that it issued at the end of November 2016. It intends to implement its reform proposals — so that they apply to …

Paul Weiss Discusses Brexit

By Mark S. Bergman and David K. Lakhdhir September 11, 2017 by renholding

Since the June 8 election in Britain, which saw the Prime Minister lose her majority in Parliament, there has been much speculation as to whether the British government would continue down the road of a “hard” Brexit or would move …

Latham & Watkins Discusses Expanded Sanctions

By Les P. Carnegie, William M. McGlone, Eric S. Volkman, Jennifer Kendrex and Elizabeth Annis August 31, 2017 by renholding

On Wednesday, August 2, 2017, President Donald Trump signed into law the Countering America’s Adversaries Through Sanctions Act (the Act). The Act significantly expands and codifies US sanctions targeting Russia, and it adds several measures to the already comprehensive US …

Should Cybersecurity Be a Human Right?

By Scott Shackelford August 23, 2017 by renholding

The May 2017 WannaCry ransomware attack affected more than 200,000 computers spread across 150 nations. The results of the attack made clear that computers whose software is not up to date can hurt not only the computers’ owners, but ultimately …

Brexit: The Lessons from Trade Wars

By John C. Coffee, Jr. August 16, 2017 by renholding

Brexit has set the stage for a retaliatory trade war that neither the U.K. nor the E.U. wants and that will injure consumers (and others) on both sides. Moreover, it could threaten the U.S. as well, if it leads the …

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Clifford Chance Discusses US Considerations For Transition Away From Libor

By Jeff Berman, David Felsenthal, Catherine McCarthy, Gareth Old and Mark Pesso August 14, 2017 by renholding

Although a bedrock of the financial markets for over 30 years, LIBOR has been under pressure ever since the Wheatley Review, and a speech given by Andrew Bailey, Chief Executive of the UK’s Financial Conduct Authority (FCA) on July 27th …

Implementing Basel Capital Requirements: The Dark Side

By Aurelio Gurrea-Martínez and Nydia Remolina León August 9, 2017 by renholding

Following the recommendations of the Basel Committee on Banking Supervision, most financial systems around the world have imposed new capital requirements for banks in recent years. These moves seem to be justified on two powerful economic grounds. First, better capitalized …

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The Value of Corporate Disclosure in Emerging Markets

By Aaron S. Yoon July 27, 2017 by renholding

It has been well documented that in the U.S. and other countries with developed stock markets, sound public disclosure practices strengthen the reputation and credibility of firms. However, it’s unclear whether good disclosure practices are also beneficial in emerging markets …

What Responsibilities Do Sovereign Funds Have to Other Investors?

By Paul Rose June 20, 2017 by renholding

With trillions of dollars in assets, sovereign wealth funds (SWFs) play a major role in financial markets around the world. With billions (and perhaps trillions) of dollars’ worth of equity investments around the world, the investment behavior of SWFs is …

How Directors’ Foreign Board Experience Improves Governance

By Peter Iliev and Lukas Roth June 15, 2017 by renholding

The corporate governance literature has shown a strong link between good governance practices and firm value. The mechanisms, however, that determine the choice of effective corporate governance and board arrangements in a changing global market are not well studied. In …

How Substitutable Are Workers? Evidence from Worker Deaths

By Simon Jäger June 14, 2017 by renholding

The fluidity of labor markets depends on the ease with which one side of the market can fulfill the needs of the other: whether workers can find employment that suits their skills and firms can find adequate substitutes for workers …

Shearman & Sterling Discusses European Central Bank’s Leveraged Transactions Guidance

By Ronan Wicks, Esther Jansen, Korey Fevzi, Peter Hayes and Helen Walsh May 24, 2017 by renholding

After a period of public consultation, the European Central Bank (the “ECB”) published its final Guidance on Leveraged Transactions (the “Guidance”) on May 16, 2017[1]. Twenty-four organisations (comprising credit institutions and market associations) commented directly on the ECB’s …

A Tax on Aggressive Tax Planning

By Jan Vleggeert and Henk Vording May 16, 2017 by renholding

Tax planning by multinational enterprises (MNEs) is estimated to generate a worldwide loss of corporate tax revenues of between $100 billion and $240 billion. U.S.-based MNEs alone are believed to retain a total of $2 trillion in earnings outside the …

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